Former members of the Guess Who launch new lawsuit alleging millions in losses

After the Guess Who’s Burton Cummings and Randy Bachman settled a lawsuit with former members Jim Kale and Garry Peterson in 2024, Kale and Peterson have filed a new suit against their performing rights firm alleging that they’ve suffered millions in losses.

In 2024, Cummings, who owns the publishing rights to the band’s hits such as These Eyes and American Woman, pulled the band’s songs from performing rights organization BMI’s licensing catalogue to prevent Kale and Peterson from playing the songs in concert as the Guess Who.

At the time, Cummings and Bachman were also suing Kale and Peterson for touring under the Guess Who name. By pulling those performing rights from BMI, Cummings also lost out on money as he gave up certain royalties to the songs.

Kale and Peterson are now claiming that BMI misrepresented the termination date for Cummings’s licensing agreement, according to Rolling Stone, and that they lost out on millions by not being able to play the songs live due to cancellation of their 2024 U.S. tour.

The Guess Who shared a statement with CBC Music on the lawsuit via Yu Leseberg and Helen Yu, writing: “The lawsuit referenced in this article has no association with the current band or the epic reunion tour of the return of the Guess Who. The Guess Who band is currently solely comprised of Burton Cummings and Randy Bachman.”

“It is important to clarify that Jim Kale and Garry Peterson have no basis or right to use the trademark name the Guess Who. The lawsuit referenced in this article has no affiliation to the band, the Guess Who, nor does the lawsuit involve any battle among former bandmates Burton Cummings or Randy Bachman,” the statement continued.

WATCH | The Guess Who’s official audio for American Woman:

Kale and Peterson state that they were soundchecking on April 6, 2024, when they were informed by BMI that Cummings had ended the performance agreement “effective immediately.” 

“Contrary to BMI’s misinformation, a copyright holder cannot simply provide notice of termination of rights effective immediately in such a manner that would force the cancellation of all concerts that had already been planned, organized, and promoted,” the lawsuit states, according to Rolling Stone.

Michael Machat, an attorney Peterson and Kale, told Rolling Stone that Peterson and Kale’s booking company for the tour, BiCoastal Productions, also suffered when the tour was cancelled.

“BiCoastal wasted a lot of time booking a tour that abruptly got cancelled. It all went for nothing. In some cases, the venues had no time to find substitute acts and went dark,” he said. “Some promoters lost a lot of money promoting the shows. …What happened doesn’t make sense. With most contracts, particularly commercial contracts, you have to give notice.”

“There is no merit to this lawsuit,” a spokesperson for BMI said in a statement to Rolling Stone. “BMI responded accurately and in accordance with the information provided to us by SOCAN, the foreign society that represents the copyright holders. We stand by our response.”

Cummings and Bachman recently reunited for a 2026 tour, and played a show on Jan. 31 in Niagara Falls.

“Had a great time at our first show of the Guess Who’s Takin’ It Back Tour at OLG Stage this weekend,” Cummings wrote on Instagram, of the concert. “Looking forward to seeing all the new and familiar faces on the road.”